Loading...
07/19/1971 (2)i. July 19, 1971 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order in the Council Chambers of the Village Hall on Monday, July 19, 1971 at 8:15 P.M. The clerk called the roll and reported that the following were Present: George Kelm Werner E. Neuman Stephen M. Slavin M. Jay Turner, Jr. Absent: Bernard Forrest, President Charles R. Bootz Albert E. Brust and that a quorum was-present and in attendance•at the meeting. Also present were Messrs. Richard Houpt, Village attorney, and Norris Stilphen, Manager. Trustee Neuman moved, seconded by Trustee Kelm, that Trustee Turner be appointed President protem. Motion carried unanimously. Chief of Police Warren Whitton and Range officer David Turnbaugh awarded trophies to the following members of.the- Police Department: Tyro - Gary Stryker; Marksman - Robert Hamilton; Sharpshooter - David Turnbaugh; and Expert and Most Improved Shooter - William Benke. The meeting was recessed at 8:20 p.m. for a meeting of the Board of Local Improvements, and reconvened at 8:50 p.m. Trustee Neuman moved, seconded by Trustee Kelm, that the minutes of the regular meeting held July 6, 1971 be approved as corrected (page 193 - 4th paragraph - "Trustee Neuman asked that a letter be written to - - - - ", and paragraph 5 - "northwest corner" and "Shell Oil "). Motion carried unanimously. Approve Warrant W -71 -7 Trustee Slavin moved, seconded by Trustee Neuman, that Warrant No. W -71 -7 - Payment of bills including fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) Re.: Union Oil Offer Discussion was had on the offer of the Union 50' x 50' Tract- Deerfield & Park Oil Company to 'deed to the Village, without charge., the 50' x 50' tract at the rear of the Union 76 service station at the northeast corner of Deerfield Road and Park Avenue. The offer is conditioned on agreement by the Village to permit the con- struction of certain driveways, but there was uncertainty with respect to the location of these proposed driveways. Plan Commission Chairman Dan Stiehr stated the Plan Commission had recommended the tract be accepted inasmuch as acquisition of this property is necessary for implementation of the Master Plan for this area. Trustee Neuman moved that the Village take title to the property as deeded by the Union Oil Company. The motion failed for lack of a second. Decision was made that the Village attorney ask the Union Oil for plans showing the locations of proposed driveways, for a report at the next meeting. The manager stated it would be desirable to have the plans reviewed by Mr. Paul Box. Approve Final Plat Trustee Slavin moved, seconded by Trustee Bjerga &,Robinson Resub. Kelm, that the final plat of the Bjerga and Robinson Resubdivision at 1022 Springfield Avenue be approved, as recommended by the Plan Commission. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) Plan Commission Report The report from the Plan Commission was read Deny R -7 Zoning - Shepard- on the petitioned rezoning of the Shepard, Melchiorre- Harrison Tracts Melchiorre and Harrison properties on Deer- field Road from the R -2 Single - family and R -6 Two- family classifications to the R -7 Multiple-- famtly District. Two members of the Plan Commission had recommended that the rezoning be granted, two members voted to recommend denial. Plan Commission Dan Stiehr presented several possible development plans for the properties, and stated it was his opinion that the compromise recommendation for 58 dwelling units, instead of the 64 units requested by the petitioners, pro- vided the best solution for development of the tracts. He pointed out if the tracts were developed as a single - family district, the only access would be from Osterman Avenue through Outl (et A of the Shepard Resubdivison in an area where the Fire Department had already experienced difficulty in reaching the site of a fire. A recently constructed two - family dwelling on Deerfield Road has blocked any street for ingress and egress to Deerfield Road. Richard Deutsch (Corrected 8/2/71) Plan Commission member stated the rezoning, if granted, would violate the whole philosophy of the Comprehensive Plan, greatly increasing density when the Village already has many problems with respect to an overburdened sewerage system and traffic conditions. He stated that any multiple family development should be located on the-fringes of the central business district. Mr. Howard Borde, attorney for the petitioners, stated the joint petition had been initiated by the Plan Commission, and the proposed development with 58 units was a reasonable use for the property and would not overburden the schools or other municipal facilities. He urged favorable action on the petitions. A petition was received signed by more than 90 percent of abutting property owners, objecting to the rezoning. The Village attorney stated an affidavit must be submitted with the petition in order to meet statutory requirements for a two- thirds vote by the Board of Trustees, and this affidavit will be furnished. It was also pointed out that there is a statutory requirement for any change from the Comprehensive Plan before a period of a number of months, and the Village attorney t=1 will check this point. Receipt was acknowledged of petitions signed by 406 residents from all sections of the Village who requested the Board to deny the rezoning peti- tion. Several residents spoke in opposition to the rezoning and declared the properties can and should be developed as a single- family district. Further discussion was had on the proposed rezoning, and copies of the Carl Gardner Associates report were distributed to the Board. Trustee Kelm then moved, seconded by Trustee Neuman, that the petition be denied. Trustee Slavin.moved that the matter be postponed until the next meeting when absent members may be present. The motion failed for lack of a.second. The motion to deny the petitLon was adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) The meeting was recessed at 10:05 P.M. and reconvened at 10:20 P.M. P.C. Report -B -1 Rezoning A report from the Plan Commission recommended 1432- 1438'Waukegan Rd. that the B -1 Neighborhood Business classification Tie Vote on Rezoning be extended southerly to include the entire area of the three lots included in the Sack's Sub- division at 14321438 Waukegan Road, provided the owners will covenant that only one driveway will be constructed to serve the three lots, and that adequate land- scaping and screening will be installed to protect abutting residential to the south. The report pointed -out that the entire area of Lot 1 of the subject property is zoned,B- l,'and 2/3 of the area of Lot-2 and 1/3 of the area of Lot 3 are also zoned B,l, all with business zoned frontage on Waukegan Road, and the three lots could be developed-as business with .three separate driveways, creating additional traffic hazards. . A petition signed by 144 nearby property owners asked the Board to deny the rezoning and uphold the residential character of the area, and cited the additional traffic congestion which would result if the property would be developed with business uses. Several residents spoke in opposition to the rezoning and stated they would not have bought property in the area had they known that there would be expansion of the neighborhood business district. Discussion was had on the previous zoning classification of the subject properties which were placed in the Business district by the 1924 Zoning ordinance and the zoning map prepared in 1951 with the Comprehensive Amendment to the Zoning Ordinance, adopted in 1953, which established a zoning boundary without regard to property lines and brought about the present condition which placed portions of Lots 2 and 3 in the business district and the remainder in the residential district. Mr. Richard Ross, attorney for the pdti.tioners, stated there were no definite plans for development of the property, but the owners had agreed to the covenant k t proposed by the Plan Commission. Plan Commission Chairman Dan Stiehr stated the Plan Commission had taken into consideration the fact that the lots, as presently zoned, 'could be developed for business uses, and the rezoning had been recommended to insure a better development of the properties with greater control of traffic. Trustee Kelm moved, seconded by Trustee Neuman, that the petition to rezone be granted, in accordance with the recommendation of the Plan Commission. The motion failed, the following tie vote being recorded: Ayes: Kelm, Neuman (2) Nays: Slavin, Turner (2) P.C. Report - Tanelian Off -Site Parking - Authorize Ordinance A report from the Plan Commission recommended the granting of the request of Mr. Edward Tanelian to use a lot other than the lot on which the building at 631 Deerfield Road is located for Off- street parking in order that the present building may be enlarged, provided the owner will try to develop traffic flow and parking layout with adjoining property owners and will not erect permanent fences to restrict good traffic flow that is approved by the Village. Trustee Neuman moved, seconded by Trustee Kelm, that the Plan Commission's recommendation be approved, and the Village attorney be directed to prepare the ordinance. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) S.C. Report -Stop Sign A report from the Safety Council recommended Laurel & Willow" the installation of a stop sign at the south - Authorize Ordinance west corner of Laurel and Willow to regulate eastbound traffic on Laurel .Avenue. Trustee Kelm moved, seconded by Trustee Neuman, that the recommendation of the Safety Council be approved, and the Village attorney be directed to prepare the ordinance as recommended. Motion carried unanimously. S.C. Report - Rosemary Traffic A report from the Safety Council recommended that no stop signs be erected on Rosemary Terrace as requested by residents. The Council suggested police regulation in the area during peak traffic hours, and several members suggested a reduction in the posted speed limit to 25 miles per hour. The Village Attorney stated a study from the Police Department was necessary for a reduction in the speed limit, and Trustee Neuman asked that this study be undertaken. Discussion -Area South of Mr. Robert York, Secretary of the Chamber of Commons Development Commerce, reported that, at the request of the Plan Commission and Board of Trustees made at the joint meeting of several weeks ago, the Chamber had explored the development of the area between the Commons and Sara Lee, and he had also discussed possible development with architects, builders and developers. He presented a plan for this area which he felt was feasible and practical, and would enhance and re- vitalize the central business district. He proposed that negotiations with the Post Office Department be re- opened with the view of the obtaining an adequate Post Office constructed on lots between Osterman and Central, west of Pettis Avenue. He asked that the Board and Plan Commission consider the possibility of granting some variations which would permit the development of a larger tract for building not to exceed 60 feet in height; the first two floors would be used for a high -class women's and girl's store, the second and third floors for offices, and the fifth floor for a good restaurant; a building of 50,000 sq. ft. on a lot of 144,000 sq. ft. He pointed out there was a shortage of office space in the Village, the Chamber of Commerce having recently moved and found difficulty in renting adequate facilities. He also proposed that the Village acquire a lot on the north side of Osterman to be used as a walk to the Commons. If the pattern of development can be established by the Post Office building and the store - office building, other businesses will be attracted to the area, and a good overall development assured. Mr. Richard Ross, attorney for 30 property owners in the Osterman- Central Area who will seek rezoning this fall, suggested that a transitional zoning be established for the area, since there were few buyers who would contract to pur- chase property as presently zoned., The Board and Plan Commission expressed interest in Mr. York's proposal, which will be submitted in writing. 1 d 17 Report -Sump Pump Inspections A report on sump pump inspections showed 1,009 residences inspected, 815 were correct, 76 Have teen corrected, 25 must he cemented, 57 pre -date the present ordinance, and two have been referred to the attorney. Report- Landfill Odors The manager reported another inspection of the landfill had been made by the odor expert on Tuesday, but it had been determined that, although there was some odor from the landfill, the major source was the Sara Lee pre- treatment plant, where the operator was experiencing some difficulties in operations. A telephone call to Sara Lee brought about the removal of the offensive material. Mrs. Laura Lee Christoph, Evergreen Place, stated grass was still being dumped in the landfill. The manager stated he had asked the Lake County Health.Department to issue and order to stop grass dumping, but no answer had been received. The Village attorney will write to the Health Department regarding the dumping of grass, and will also write to Attorney General Scott, as suggested by Mrs. Christoph. Ordinance -Mass Transit District Trustee Slavin moved, seconded by Trustee (0- 71 -26) Kelm, that the ordinance providing for the creation and participation by the Village of Deerfield in a local mass transportation district be passed. Discussion was had on the qualifications of the Village's representative on the Board of Trustees �r of the Transit District and the name of the appointee will be added at the next meeting. The ordinance was passed by the following votes: Ayes: Kelm, Neuman, Slavin, Turner (4) Q Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. Ordinance -Mun. Code Amend. Sec. 20.518 Deerbrook & Commons Fire Lanes Deerfield Commons Shopping designated as Fire Lanes. Trustee Kelm moved, seconded by Trustee Slavin, that the ordinance be passed amend= ing Section 50.518 of the Municipal Code by adding the Deerbrook Shopping Center and the center fire lane locations to the list of locations Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) The President pro tem signed the ordinance indicating his approval thereof. lst Presentation - Sewer & Water The first presentation was made of the Recapture - Deerbrook ordinance providing for reimbursement of the partial costs of the Deerbrook Shopping Center sewer and water mains to be paid for connection of the Werhane property to the said mains. The ordinance has been ppo:sted on the lobby bulletin board. Re: Sara Lee Sewer Contract Consideration of the Sara Lee Sewer Contract was postponed to the next meeting, at which time the Village attorney will have added provisions proposed by Dr. Sundin of Bax- i:ter and Woodman. Re: Bannockburn Police Contract The contract with Bannockburn for Police Dispatching service will be taken up at the next meeting, with a clause added as proposed by the Village attorney. Re: Standard Oil Land for A letter from the Village attorney advised Right -Turn Lanes that the Standard Oil Company had indicated a willingness to provide additional land at the northeast corner of Waukegan . County Line Road intersection provided a variation would be granted for the reconstruction and relocation of the service station with a rear yard of 4 feet. A hearing on August 9th has been scheduled by the Board of Zoning Appeals. The manager reported that Mr. Paul Box will continue his attempts to get additional right -of -way at the northwest corner from Shell Oil Company and will meet with the Lake County Highway Department to try to firm up details on County Line Road improvements. Authorize Ordinance A letter from Mr. Harold Winer, prosecutor Increase Impoundment.Fees for the Village, recommended that the im - Poundment fee for dogs running at large be increased to $15.00 and issuance of citations by the Police Department for viola- tions be discontinued. Trustee Slavin moved that the Village attorney prepare an ordinance increasing the impoundment fee as recommended by.Mr. Winer. Motion failed for lack of a second. Prelim. Traffic Safet Report Received The manager reported that three copies of the preliminary traffic safety report had been received from Mr. Paul Box. Decision was made that the report should be reviewed by.the Safety Council and the Plan Commission before it is taken up by the Board of Trustees.. Re: Scavenger Contract Discussion of the scavenger contract was deferred at the suggestion of Trustee:'Slavin. Re: N.S. Gas_Agreement The Village attorney submitted a written report on the North Shore Gas Company agree- ment on gas allowances without charge and the waiver of a franchise tax. Main. Engineering Agreement Trustee Slavin moved, seconded by Trustee B & W Approved Neuman, that the Board approve and authorize execution of the Maintenance Engineering Agreement with Baxter.and Woodman. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner , (4) Nays: None (0) MFT Resolution- Appropriate Trustee Slavin moved,.seconded by Trustee Add. $30,000, Neuman, that the resolution be adopted (R- 71 -10) appropriating an additional $30,000 from Motor Fuel Tax funds for maintenance of streets. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) Re: S.T.P. Study - B & W The articles of agreement between the Village and Baxter and Woodman with respect to the sewage treatment plant expansion study was referred to the Village attorney for review. Audit The audit for the year 1970 -71 was received from Wolf and Company. The Village treasurer will be present at the next meeting to answer any questions. Re: Data Processing Study The manager,reported that three copies of the Municipal Data Processing Study had been received. A meeting on the subject will be held on July 28th. Resolution Accepting DiPietro Trustee Neuman moved, seconded by trustee County Line Rd. Dedication Kelm, that the resolution be adopted accept- (R-71-1l') ing the dedication of the south 50 ft.,,of the DiPietro Building Corporation property on County Line Road for County Line Road right -of -way, with the Plat of Dedica- tion attached. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner (4) Nays: None (0) Resolution Accepting lst National Trustee Kelm moved, seconded by Trustee Bank Dedication - Waiikegan;Road Neuman, that the resolution be adopted (R- 71 -12) accepting the dedication of a part of the lst National Bank of Deerfield property dedicated to round off the curve on Waukegan Road at the location of the new bank building, with the Plat of Dedication attached. Adopted by the following vote: Ayes: Kelm, Neuman, Slavin, Turner . (4) Nays: None (0) Refer Ord. Adopting Official Map to P.C. for Hearing mission for a public hearing at the Motion carried unanimously. Trustee Slavin moved, seconded by Trustee Neuman that the ordinance adopting the Official Map be referred to the Plan Com- earliest time possible. 19 planning aide (Corrected 8/2/71) The manager reported a pl-aaser had been hired and would start work August 9, 1971, to work full time until September. Starting in September Fie. kill work 20 hours per week at a salary of $3.50 per hour. Copies of the planning goals have been sent to all Board and Commissions with a covering letter. Authorize Ordinance Trustee Slavin moved, seconded by Trustee Package Liquor License Neuman, that an ordinance be prepared author- izing the issuance of an additional liquor license for a package liquor store, as requested by Mr. Joseph Valenti and as provided in the Annexation Agreement. Motion carried unanimously. Environmental Com. to MP Com. Trustee Slavin moved, seconded by Trustee Neuman, that the Manpower Commission be requested to submit names of persons for appointment to the Environmental Commission. Motion carried unanimously. .There being no further business, on motion by Trustee Neuman, seconded by Trustee Kelm, the meeting was adjourned at 12:25 A.M. Cad APPROVED: �President r ATTEST: Village Clerk